The Protection of Women from Domestic Violence Act, 2005 gives an aggrieved person four kinds of court orders: protection, residence, monetary relief, and custody. Applications are made before a Judicial Magistrate. An interim order can be made ex parte on the same day the application is filed, before the respondent has been served.
The Protection of Women from Domestic Violence Act, 2005 came into force on 26 October 2006. It is a central statute and applies throughout India, including Uttar Pradesh.
Section 3 defines domestic violence broadly to include:
A single act is sufficient to constitute domestic violence under the Act; a pattern of conduct is not required. The Act does not require physical injury to have occurred.
The aggrieved person must be a woman (Section 2(a)) who is, or has been, in a domestic relationship with the respondent. Section 2(f) defines domestic relationship as a relationship between two persons who live, or have at any point lived, together in a shared household, when they are related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or are family members living together as a joint family.
This means that a wife, a daughter, a mother, a sister, or a woman in a live-in relationship can all apply. A woman who has left the shared household — whether due to violence, separation, or displacement — does not lose the right to apply.
The respondent was originally limited to an adult male person under the Act. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165 struck down that restriction, holding it unconstitutional for being discriminatory. A respondent may now be any person — male or female — who is in a domestic relationship with the aggrieved person. A mother-in-law or sister-in-law can be named as a respondent where they have participated in the domestic violence.
| Order type | Section | What it does |
|---|---|---|
| Protection order | 18 | Restrains the respondent from committing any act of domestic violence, contacting or communicating with the aggrieved person, entering her workplace or school, or alienating assets |
| Residence order | 19 | Restrains dispossession from the shared household; may direct alternate accommodation; may exclude the respondent from the household |
| Monetary relief | 20 | Loss of earnings, medical expenses, cost of destroyed property, maintenance for the woman and her children |
| Custody order | 21 | Temporary custody of a child pending final disposal |
| Compensation order | 22 | Damages for injuries, including mental torture and emotional distress |
| Interim or ex parte order | 23 | Any of the above, made urgently before the respondent is heard |
A Magistrate may pass one or more of these orders in the same proceeding. An order under this Act does not prevent the aggrieved person from also pursuing criminal proceedings or divorce simultaneously.
Yes. Section 23 authorises the Magistrate to grant an ex parte interim order where satisfied — on the application and an affidavit — that the application prima facie discloses that the respondent is committing, or has committed, an act of domestic violence or is likely to do so.
This is the most practically significant feature of the Act. Where the aggrieved person is at immediate risk — of being expelled from the home, of further assault, or of having assets or income stripped — the application should be filed promptly and an interim ex parte order sought at the first appearance. Notice to the respondent is served thereafter.
The Magistrate is required to fix the first hearing date, ordinarily no more than three days from receipt of the application, and to dispose of the matter within sixty days.
Section 17 declares that every woman in a domestic relationship has a right to reside in the shared household regardless of whether she has any title, ownership or beneficial interest in it. A wife cannot be evicted or excluded from the matrimonial home merely because it stands in the husband’s name or his parents’.
Section 19 gives the Magistrate powers to make residence orders that:
The scope of “shared household” was interpreted narrowly in S.R. Batra v. Taruna Batra (2006) 3 SCC 634, where the Supreme Court held that shared household for purposes of the Act refers to a property where the aggrieved person and the respondent had been living together — not necessarily a property owned by the respondent’s parents. The precise boundaries of this principle in UP courts continue to be worked out on the facts of each case.
| Step | What happens |
|---|---|
| 1. Approach a Protection Officer or the court | A Protection Officer prepares a Domestic Incident Report and files with the application, or the aggrieved person may file directly |
| 2. Application under Section 12 | Filed before the Judicial Magistrate of First Class in the area where the aggrieved person resides, where the respondent resides, or where the domestic relationship was last shared |
| 3. First hearing | Ordinarily fixed within three days of receipt; interim ex parte relief may be sought at this stage |
| 4. Notice and hearing | Respondent is served and given an opportunity to be heard before any final order is passed |
| 5. Final orders | Made after hearing both sides; disposal is required within sixty days |
| 6. Appeal | An appeal lies to the Sessions Court under Section 29 within thirty days of the order |
In Bareilly, an application under the Act goes before the Judicial Magistrate at the Bareilly District Court.
| Document | Why it matters |
|---|---|
| Identity proof (Aadhar, voter ID, passport) | Establishes identity and current address |
| Marriage certificate or evidence of domestic relationship | Confirms the domestic relationship requirement |
| Medical records and photographs | Evidence of physical abuse or injury |
| Bank statements, salary slips of the respondent | Supports claim for monetary relief under Section 20 |
| Evidence of shared household (rent agreement, utility bills) | Supports the right to residence and residence orders |
| Children’s documents | Supports an application for temporary custody under Section 21 |
| Any correspondence showing threats or abuse | Can corroborate verbal, emotional or economic abuse |
The Domestic Violence Act and criminal law operate on separate tracks and can be used together.
A complaint for cruelty by a husband or his relatives is now prosecuted under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (formerly Section 498A IPC). That is a criminal proceeding before the Magistrate’s court with the power to sentence the respondent to imprisonment.
An application under the Domestic Violence Act is a protective remedy — the Magistrate grants orders that regulate the respondent’s conduct and secure the aggrieved person’s residence, financial position and safety. These are not alternative to each other. Both can be pursued in parallel.
Section 26 further provides that relief under the Act can be claimed in any proceeding already pending before a civil court, family court or criminal court. Where divorce or maintenance proceedings are already running, a separate application to the Magistrate under the Act is not obligatory — the relief can be sought within the existing proceeding.
Choosing the right combination — criminal complaint, application under the Domestic Violence Act, maintenance under Section 144 BNSS, divorce, or some combination — depends on what the aggrieved person needs most urgently. Immediate safety and continued residence in the home are best addressed through this Act. Prosecution of the respondent requires a criminal complaint. These decisions are worth taking with advice rather than deferring them.
Any woman who is, or has been, in a domestic relationship with the respondent and who claims to have suffered domestic violence may apply. The domestic relationship covers wives, women living as wives, mothers, sisters, and other women living in the same shared household in a familial arrangement. A woman who has already left the household retains the right to apply.
Yes. Section 23 allows the Magistrate to grant an ex parte interim order where the application and supporting affidavit disclose a prima facie case of domestic violence. The respondent does not need to be heard first. This is the fastest protective measure available under the Act — in urgent cases, the application and the request for an ex parte order should be made together.
The Supreme Court confirmed in Indra Sarma v. V.K.V. Sarma (2013) that the Act extends to relationships "in the nature of marriage". Whether a particular live-in arrangement qualifies depends on its duration, public acknowledgment as a couple, shared residence, and similar factors. Not every short-term arrangement qualifies; this remains a fact-specific question in each case.
Monetary relief covers loss of earnings, medical expenses, the cost of damaged or destroyed property, and maintenance for the aggrieved person and her children. It can be ordered alongside maintenance under Section 144 BNSS, and both may run simultaneously. There is no prescribed formula; the court assesses quantum on the facts before it.
Breach of a protection order or an interim protection order is a criminal offence under Section 31, punishable with imprisonment up to one year, a fine up to twenty thousand rupees, or both. A second or subsequent breach is cognizable and non-bailable. The aggrieved person can report the breach to the police and may also move the Magistrate directly.
Yes. Section 26 expressly allows an aggrieved person to claim the reliefs available under the Act in any proceeding already pending before a civil court, family court or criminal court. A separate application before the Magistrate is not required if proceedings are already running, though a separate filing is often more direct and faster.